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Approved H1B petition, Travel to US on H4

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  • Approved H1B petition, Travel to US on H4

    I am an Indian resident and fresh applicant for US visa. I have a valid H1B petition through my current employer. The Petition is approved but I haven’t yet found a suitable US opportunity through my current employer, that is, my H1B Visa is not yet stamped on my passport. My Husband is already in US on his own H1B through his employer.

    My Queries are:

    1. Can I file a H4 based on my husband H1B Visa and travel to US?

    2. Will this H4 may have any impact on my H1B petition( which is not yet stamped)?

    3. If I am in US on my new H4 and If I get some opportunity with my own employer, can I work there with my own H1B through the same employer?

    (3.1) In this case, do I need to go back to my country for stamping? or

    (3.2) If I plan to stay in US, does my current employer need to file COS from my H4 to H1B? Does petition also need to be filed again by my current employer for my own H1B?

    (3.3) If I go out of US for my own H1B stamping, does COS need to be filed by my own employer? Does petition also need to be filed again?

    4. If I leave my current employer and travel on H4 based on my husbands H1B, will it impact my own current H1B petition (which is not yet stamped)? If I plan to change my employer after going to US, can this old petition (which was never used) be transferred?

    Can someone please clarify me on these points?

  • #2
    1. Yes.
    2. No.
    3. Yes.
    3.1 The employer would file H4 to H1 as Change Of Status, if COS is approved and you get a new I-94 you need not go out of US, on the other hand if it is then you would have to go out of country and get H1 stamping in order to move to H1.
    3.2 With current employer needs to file H4 to H1 COS. but any other employer would file a cap exempty H1 petition.
    3.3 COS does not make sense while outside US . Your petition with current employer has already abeen approved.

    4. No impact to H1. A new employer would file a cap exempt petition.

    This is my opinion not legal advice.


    • #3
      Thank you for the information. This helped!.